Bar Council responds to the Joint Committee on Human Rights

27 September 2013

The Bar Council, which represents barristers in England and
Wales, has today warned that the Government's legal aid proposals
will reduce human rights and may end up costing more than they
intend to save. In a written submission to the Joint Committee on
Human Rights (JCHR) call for evidence on the human rights
implications of the proposals in the 'Transforming Legal Aid'
Consultation Paper, the Bar Council picks apart the Government's
evidence base for reform.

Focusing on the residence test for civil legal aid claimants,
the removal of funding for cases with a 'borderline' possibility of
success, changes to judicial review applications and restrictions
on legal aid in prisons, Maura McGowan QC, Chairman of the
Bar Council,said:

"We are deeply concerned that the Government's legal aid reforms
will restrict access to justice, rather than preserving or
enhancing it. Some of the most vulnerable people in society will be
subject to our laws but unable to claim their protection, just
because they have lived here for less than a year. We believe that
operates against the rule of law.

"Whether intentional or not, the proposals for judicial review
will protect public bodies that may exceed or even abuse their
power. When they make poor decisions and fail to operate in the
public interest, it will be harder to challenge the legality of
those decisions. We believe that also operates against the rule of
law.

"The Government continues to pursue these cuts in the name of
saving money. That may be a desirable aim, but it has consistently
failed to provide comprehensive evidence that these proposals will
in fact do so. It is more likely that the cost to taxpayers will be
greater than any proposed savings. There can be little doubt that a
significant rise in litigants-in-person, unable to obtain legal aid
or afford a lawyer, will mean delays, appeals and risk miscarriages
of justice. All of these will add cost to the system.

"It is not too late for the Government to look again at these
issues and listen to the overwhelming number of voices of concern
about the impact of its proposals."

ENDS

Notes to Editors

1. The Bar Council's response to the Call for Evidence can be
found
here.

2. The Bar Council's response to the 'Transforming Legal Aid:
delivering a more credible and efficient system' Consultation
Paper can here found
here.